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  • gc03
    09-07 02:09 PM
    Actually my husband is primary for GC process.I am on H4 visa.How can he revoke I-140.My PD is may'03 and TSC





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  • gc1024
    07-17 07:04 PM
    my lawyer missed the 2nd july deadline even when he had all the papers. Now i am asking him to meet 30th july deadline he is not responding . what are the papers needed to file I485. Can I file it without lawyers help? He does have my immunization papers


    http://immigrationvoice.org/forum/showthread.php?t=5132

    Don't forget to read the disclaimer.





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  • a_yaja
    07-25 05:26 PM
    Thanks for the reply. It says on the document itself that the petitioner should keep the upper portion of the notice and give the lower portion to the worker.

    Does anyone know the procedure to get the duplicate and how long it takes?
    I just took a look at my 797A and you are correct - it says that the petitioner can keep the above portion. Sorry for my remarks about the employer.
    However, all my employers have always given me the entire document and they have kept only a copy with them.





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  • dxldad
    05-12 01:10 PM
    I think the tests are all written there in the form available online. You could download it and get whatever you could from your PCP before you go to the civil surgeon. This would make your life easier.



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  • InTheMoment
    02-15 11:48 AM
    Yes, it does apply to nationals from India.





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  • Ann Ruben
    01-20 09:11 AM
    Abhay,

    Was the RFE for the I-485 or for the I-140? If for the I-485, has the I-140 been approved? What evidence was requested?

    Ann



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  • tdasara
    02-08 07:33 AM
    L1A is for managers and you actually have to work atleast one year outside the US to apply for a GC (L1A - GC)

    L1B is most commonly used (abused). There is no minimum required pay and has no cap. Moving from L1B to H1b is a nightmare.





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  • gc_on_demand
    12-09 11:04 AM
    Is there any hope for us...

    If it would be there admin must mentioned it on first thread. Well if it passes cloture, then no amendments are allowed. which means dream act will pass by it self. If it fails cloture vote, dream act will not pass...( so no point of adding amendments )

    so to me either dream act will pass as alone or will not.. depends on cloture vote.



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  • Bogdan
    10-22 01:02 PM
    Did you fill any I-9 form or your hr filed it? the status of the applicant is decided by the I-9 Employment eligibility form.

    Even otherwise i dont think it is a problem, they can change the form again to show your respective status ?

    I signed a I-9 form in 2005. At that time, I indeed was on a marriage based EAD because I had an I-485 pending, which later I withdrew and went for H1B. Since then, nobody talked to me about changing the I-9 (I should have thought about it though). However, I provided them with a H1B copy when it was issued.

    Since HR mentioned that my EAD expired and they needed a new one, it is clear that they were not refering to the old EAD (marriage based I-485), since that one expired in 2006. So somehow the lawyers, to whom I gave a copy of the EAD last year (they requested it), forwarded the EAD to HR.

    Of course HR can change my status in their records now (by renewing the I-9?), but I am worried about the damage is done already and my H1B is invalidated. I don't know how I can find that out.





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  • sa.node
    02-15 09:01 PM
    All

    I believe there are many physicians who are facing this question regarding H1b visa status. I hope this thread will help many resident physicians.

    I am in final year of residency, on H1b visa (cap-exempt). I am looking for jobs and most of the H1b sponsoring employers are being subjected to cap (apparently due to stricter USCIS rules). If I fall in "under cap" category I will be able to start from Oct 1 2011. This creates problem for most resident physicians as they finish training at the end of June (as this is when their H1b expires).
    So my questions is (with possible solutions that I have gathered so far, please advise me if these are true)...

    Q. 1 What will I do from the end of my residency (i.e. July) till I start next job (i.e. Oct)?
    OPTION 1: Request current residency program to extend your residency status by giving you full/part time Chief-resident/research fellow or similar type of status. but using this way means your training license will have to be extended as well.
    Does that mean a new H1b application will need to be filed (which may be quite expensive for 3 months of stay, considering attorney fee, premium processing fee etc)?
    OPTION 2: Ask your future employer (cap subject) to show your starting date few days before your current H1b expiration date. This way your future employment will NOT fall in the cap-category. I gathered it from somewhere on this website though I doubt it will work.
    Source- http://immigrationvoice.org/forum/attachments/forum6-non-immigrant-visas/382d1292767900-portability-of-cap-exempt-h1b-to-cap-subjected-h1b-uscis-memo-on-cap-exempt-to-cap-subject-2.pdf
    OPTION 3: If you already have multiple entry visitors visa (B2) you may change visa status to B2. So when your H1b expires B2 kicks in. That way you can legally stay in the US (and sit for ABIM board exam). Havnt found any document to support if it is allowed and how easy this switch is. Heard from "friend of friend".
    OPTION 4: Go back to your home country for 3 months and come back before starting job. question is if this will cause any problem in coming back or any other legal issue.
    OPTION 5: If you have applied for ABIM board you may be allowed to stay till your board (mid-August). Though I have heard its true only for J1 holders. If it does work for H1 holders how does this process work?

    Thanks a lot in advance.
    ;)



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  • asdfgh
    11-28 12:02 AM
    I had LUD on I-140 on 11/25 as well. 140 was approved late last year.





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  • up_guy
    09-27 01:59 PM
    The priority dates cannot be ported during the I-140 stage. This can be done only during 485 filing where in you have two I-140s approved and a request can be made to use the earlier priority date.

    Thats not ture. PD can be ported at the time of I-140 filing



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  • rama0083
    03-07 12:31 PM
    People keep talking about RFE and LUD (soft LUD, hard LUD). Can someone explain what these are and what do they signify? I have my EAD, AP and my 140 is just approved. I have already passed 180 days after the filing of 485. If I change jobs can my employer still revoke my I-140 and harm my 485? These may be repeated questions but I am new to the forum .. and I m unable to get specific answers.

    Thanks in advance guys.

    If your I-140 is approved then the employer cannot revoke anything. You are completely free, under AC-21, to change employers. It is the situation with an unapproved I-140 that is ambiguous.





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  • needhelp!
    01-08 07:09 PM
    Is principal applicant's I-485 Receipt copy required when filing AP for derivative?

    Thanks.



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  • kmk2002
    09-27 01:11 PM
    Never recvd my FP notice. I took lawyer's copy (original) and FP was scheduled the same time/location as my wife. Our kid was not happy being there (crying) so they did our FP's on a priority.





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  • qasleuth
    04-07 07:49 PM
    Hi,
    My client is a TARP fund received bank.I am planning to go India for 3 weeks in may.My visa expires in Aug09.
    I have new H1 extension for 3 years.

    --If I go for visa stamping will it be a problem as I am workig for TARP received bank.
    --If I don't go for visa stamping and planning to comeback with old visa, will it be a problem at Port Of Entry as my client is TARP received bank and I am on H1B.

    Here is a link to the 'official' USCIS requirements. A poster in the morning put it up but unfortunately it did not get the attention it deserved.

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=34dd9b5d82420210VgnVCM1000004718190aRCR D&vgnextchannel=1958b0aaa86fa010VgnVCM10000045f3d6a1 RCRD



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  • reachinus
    07-14 12:21 PM
    i don't know if its an EB 485, but even FB are very backloged.





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  • singhsa3
    07-12 10:19 PM
    See my answers in red
    I can't sleep all night.. cmon atleast give us few options.
    My take on the permanent solution:

    1. Recapture lost visa numbers
    It will need change in law. Cannot be done without senate and congress approval
    2. Medical tests are going to be valid indefinitely
    Possibily but cannot be a big news, especially if we are talking about near term good news
    3. Ppl who've worked for X years automatically can apply for I-485
    It will need change in law. Cannot be done without senate and congress approval

    5. All can apply as per the old bulletin
    Already ruled out
    6. ????
    Most likely through a Notice of Rule Making all I-485 applications will be accept. Thats my take
    cmon guys help me with this.i'm running out of ideas..:D





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  • go_gc_way
    07-12 03:18 PM
    when you file for the 485 you can use old priority date. priority dates can be transferred if old 140 was approved and you changed the company to restart the process all over again.

    Can you use an PD from an old labour application, that was approved but the labour has been used for another employee?

    I think not as from your answer it appears , labour & i-140 must have been approved for the same person, just wanted to get it clarified.

    Thanks.





    vin13
    01-08 03:35 PM
    I have been in US for 12 years now starting from F1 to several H1-bs. The IO did not look for anything. He just looked at the photo page for identification, AP copies





    shana04
    07-31 03:17 AM
    Dear Friends, Gurus,

    I have applied for EAD for the second time for my self and my wife (received the receipts only - renewal)

    No FP till now. Opened two SR, it is of no use.

    Called twice, first time IO was not that help full. Second time atleast he wanted to do some help.

    No other go, so called my attorney for help. He has put a letter along with all the receipts explaining that no FP for my client. He has also send the same documentation and advised me to take an infopass, which I took. And it is in Dallas TX (early morning 8 AM)

    So, please suggest if you have experience with infopass in Dallas TX

    1. When to be there
    2. What documentation to carry
    3. How about parking
    4. Any questions (so that I can compile and ask)

    Any suggestions, help is highly appreciated.

    Thanking in advance.

    Shana